Crime, Punishment, and Responsibility

The Jurisprudence of Antony Duff

Edited by Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff

Collects original essays by leading criminal law theorists examining the work of the most influential figure in the field

Includes a response to the essays by Duff in which he clarifies and develops his ground-breaking work on the philosophy of criminal law

Covers central problems in modern criminal law theory, including the justification of punishment, the nature of criminal responsibility, and the proper limits of criminalization

Essential reading for academics and postgraduate students working on criminal law and its theory

Crime, Punishment, and Responsibility

The Jurisprudence of Antony Duff

Edited by Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff

Description

For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory.

Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays
examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized.

Finally, Duff responds with comments that seek to defend and
clarify his views while also acknowledging the correctness of some of the critics' objections.

Crime, Punishment, and Responsibility

The Jurisprudence of Antony Duff

Edited by Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff

Table of Contents

Introduction: Antony Duff and the Philosophy of Punishment, Mark Reiff and Rowan CruftPunishment As Communication 1. Repentance, Mercy, and Communicative Punishment, Jeffrie Murphy2. Where is the Love? The Topography of Mercy, John Tasioulas3. The Offender's Part in the Dialogue, Kimberley Brownlee4. Duff on Hart Treatment, Matt MatraversResponsibility 5. Relations of Responsibility, John Gardner6. The Triadic Relational Structure of Responsibility: A Defence, Alon Harel7. Literature, Genocide, and the Philosophy of International Law, Raimond Gaita8. Beyond the Justification/Excuse Dichotomy, Douglas HusakCriminal Attempts 9. The Criminal Law's Ambivalence about Outcomes, Andrew Ashworth10.
Obligations and Outcomes, Victor Tadros11. Is Intent Constitutive of Wrongdoing?, Peter Westen12. Duff on Attempts, Larry AlexanderCriminalization 13. Criminalizing Failure to Rescue: A Matter of 'Solidarity' or Altruism?, Andreas von Hirsch14. Public Wrongs and the 'Criminal Law's Business': When Victims Won't Share, Michelle Dempsey15. Disgust, Respect, and the Criminalization of Offense, Lindsay Farmer16. Community, Culture, and Criminalization, Nicola Lacey17. Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence, Michael Moore and Heidi HurdReply 18. In Response, R.A. Duff

Crime, Punishment, and Responsibility

The Jurisprudence of Antony Duff

Edited by Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff

Author Information

Rowan Cruft is Senior Lecturer in Philosophy at the University of Stirling. His recent work has appeared in Law & Philosophy, The Philosophical Quarterly, Utilitas, and related journals.

Matthew H. Kramer is Professor of Legal & Political Philosophy at the University of Cambridge; Fellow of Churchill College, Cambridge; and Director of the Cambridge Forum for Legal & Political Philosophy. Among his many books, the most recently published is The Death Penalty Redux: A Philosophical Investigation (OUP, 2011).

Mark R. Reiff is a Senior Lecturer in Legal and Political Philosophy at the University of Manchester School of Law. He is the author of various papers on topics within legal, political, and moral philosophy, and before becoming an academic,
spent many years as a practicing lawyer. During the 2008-09 academic year, Dr Reiff was a Visiting Faculty Fellow at the Safra Center for Ethics at Harvard University. His second book, Exploitation and Economic Justice in the Liberal Capitalist State, the product of that fellowship, is forthcoming.

Contributors:

Larry Alexander - Warren Distinguished Professor of Law, University of San DiegoAndrew Ashworth - Vinerian Professor of English Law, University of OxfordKimberley Brownlee - Senior Lecturer in Political Philosophy, University of ManchesterMichelle Dempsey - Associate Professor of Law, Villanova UniversityR.A. Duff - Professor of Philosophy, University of Stirling and University of Minnesota Law SchoolLindsay Farmer - Professor of Law, University of GlasgowRaimond Gaita - Professor of Moral Philosophy, King's College London and Professor of Philosophy, Australian Catholic UniversityJohn Gardner - Professor of Jurisprudence, University of OxfordAlon Harel - Phillip P. Mizock & Estelle Mizock Chair in Administrative and
Criminal Law, Hebrew UniversityAndrew von Hirsch - Professor of Penal Theory and Penal Law, University of CambridgeHeidi Hurd - David C. Baum Professor of Law and Professor of Philosophy, University of IllinoisDouglas Husak - Professor of Philosophy, Rutgers UniversityNicola Lacey - Professor of Criminal Law and Legal Theory, All Soul's College, OxfordMatt Matravers - Professor of Political Philosophy, University of YorkMichael Moore - Charles R. Walgreen, Jr. Chair in Law, University of IllinoisJeffrie G. Murphy - Regents' Professor of Law, Philosophy and Religious Studies, Arizona State UniversityVictor Tadros - Professor of Law, Warwick UniversityJohn Tasioulas - Quain Professor of Jurisprudence, University College LondonPeter
Westen - Frank C. Millard Professor of Law, University of Michigan

Crime, Punishment, and Responsibility

The Jurisprudence of Antony Duff

Edited by Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff

Reviews and Awards

"This well-presented collection of seventeen essays on his work both develops existing arguments and explores fresh avenues for future discussion. It should interest all those with an interest in the theory and doctrine of the criminal law, and in criminal justice more generally."
--Findlay Stark, The Edunburgh Law Review